State of Iowa
v.
Scott Alan Johnson
Appellee
State of Iowa
Appellant
Scott Alan Johnson
Attorney for the Appellee
Darrel Mullins, Assistant Attorney General
Attorney for the Appellant
Anne K. Wilson
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Johnson County, Deborah Farmer Minot, District Associate Judge. AFFIRMED. Considered by Doyle, P.J., and Mullins and Greer, JJ. Opinion by Greer, J. Dissent by Doyle, P.J. (11 pages)
A jury convicted Scott Johnson of operating while under the influence of alcohol, in violation of Iowa Code section 321J.2 (2018). Johnson appeals the conviction, contending that the district court abused its discretion in denying his motion for a mistrial. OPINION HOLDS: The district court did not abuse its discretion when it denied Johnson’s motion for mistrial after the State inadvertently disclosed the results of Johnson’s preliminary breath test. We affirm. DISSENT ASSERTS: I cannot say the proof that Johnson was under the influence was so strong as to overcome the prejudice of the jury’s hearing the results of the preliminary breath test. I believe Johnson met his heavy burden to show prejudice, which prevented him from having a fair trial. I would reverse and remand for a new trial.
